076 of 1989 - Parties, Gatherings or Events 0 89-1
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SALT LAKE CITY ORDINANCE
No. 76 of 1989
(Parties, gatherings or events)
AN ORDINANCE AMENDING TITLE 11, THE SALT LAKE CITY CODE,
1988, BY ADDING A NEW CHAPTER 12, RELATING TO PARTIES,
GATHERINGS OR EVENTS, AS FOLLOWS:
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Title 11 of the Salt Lake City Code, be,
and the same hereby is, amended by adding a new Chapter 12,
relating to Parties, gatherings or events, as follows:
Chapter 11.12
PARTIES, GATHERINGS OR EVENTS
Sections:
11.12.010 Definitions.
11.12.020 Initial police responses to parties.
11.12.030 Subsequent police responses to parties,
Gatherings or events--Liability.
11.12.040 Recovery of actual costs.
11.12.050 Costs--Collection.
11.12.060 This section not to preclude other
appropriate action.
11.12.070 Appeal.
11.12.010 Definitions.
The following words, phrases and terms as used in this
chapter shall have the meaning for this chapter as indicated
below:
A. "Party, gathering or event" means three or more people
who have assembled or are assembling for a social activity where
alcoholic beverages have been or are being consumed, or
substances regulated by the Utah Controlled Substances Act are
used by any person at the party, or where the noise from the
party makes a noise disturbance prohibited by section 9.28.040,
Salt Lake City Code.
B. "Host" means:
(a) The person having an ownership or leasehold
interest in the premises where the party, gathering or event is
located; and/or
(b) A person who resides at the location or occupies
in any capacity, whether for personal or business purposes, the
property where the party, gathering or event takes place; and/or
(c) The person in charge of the premises; and/or
(d) The person who organized the event; and/or
(e) The person who gave permission to hold the party
on the premises.
(f) If the party is hosted by an organization, either
incorporated or unincorporated, the term "host" shall include
the officers of the organization.
(g) In the event the "host" is a minor under eighteen
years of age, the term "host" shall include the parent or
parents or legal guardian of the minor, whether or not they are
present at the site.
C. "Services fee" means a civil penalty imposed which
equals the cost to the City of any special security assignment
and shall include, but is not limited to, salaries of police
officers while responding to or remaining at the party,
gathering or event; the pro rata cost of equipment; the cost of
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repairing City equipment and property damaged while responding
to the gathering; the cost of any medical treatment or
disability, sick leave or other related costs of police officers
injured while responding to the party or gathering, regardless
of fault; costs of collection and the cost of reasonable
attorney' s fees. It is determined the equitable minimum service
fee currently is one hundred dollars. If paid or appealed
within ten days of receipt of the notice the amount shall be
reduced by the sum of fifty dollars. If paid within twenty days
of receipt of the notice the amount shall be reduced by the sum
of forty dollars. If paid within thirty days of receipt of the
notice the amount shall be reduced by the sum of thirty dollars;
any penalty paid within forty days shall be reduced by the sum
of twenty dollars.
D. "Special security assignment" means the assignment of
police officers, services and equipment during a second or
subsequent response to the party, gathering or event after the
distribution of a written notice to the host or person( s) who
are identified as being in charge of the party in absence of the
host, that a fee may be imposed for costs incurred by the City
for any subsequent police response.
11.12.020 Initial police responses to parties, gatherings or
events.
When any police officer responds to any party, gathering or
event in response to allegations that activities or noise may be
in violation of the law, and if there is probable cause to
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believe the activities or noise are in violation of the law, the
police officer, in addition to any other action the situation
requires, shall issue a written notice to the host. The notice
shall inform the host(s) that a subsequent response to that same
location or address, within a twenty four hour period, shall be
deemed a special security assignment and that the host( s) may be
liable for the services fee as defined in this chapter.
11.12.030 Subsequent police responses to parties, gatherings or
events--Liability.
If, after a written notice is issued pursuant to section
11. 12.020, there is a subsequent police response to the same
location or address within a 24 hour period, such response shall
be deemed a special security assignment. The host( s) , as
defined in this chapter, shall be jointly and severally liable
for the services fee, as defined in this chapter. The officer
shall issue a second notice by giving it to the host(s) or by
leaving it in a conspicuous place on the premises where the
party is being held if the host( s) is/are not available.
11.12.040 Recovery of actual costs.
In addition to the civil penalty, the City reserves the
right to seek reimbursement for actual costs which exceed the
civil penalty, through other legal theories, remedies or
procedures.
11.12.050 Costs--Collection.
The chief of police shall notify the city treasurer in
writing of the performance of a special security assignment, of
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the name and address of the responsible person( s) , the date and
time of the incident, services performed, costs thereof and such
other information as may be required. The city treasurer shall
thereafter take action to collect the amount due.
11.12.060 This section not to preclude other appropriate
action.
Noting in this chapter shall be construed to prevent the
arrest and/or citation of violators of the state penal code or
other regulations, ordinances or laws, either in the first visit
or subsequent visits.
11.12.070 Appeal.
A. Right and Time to Appeal. A host who has been
assessed a service fee may appeal within ten days of receiving
the notice. No appeal shall be allowed after ten days.
B. Manner of Making Appeal. A person may appeal the
special service assignment to a hearing officer appointed by the
mayor. The appeal may be made by appearing before the hearing
officer during regularly scheduled hours.
SECTION 2. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
12th day of December 1989 .
i
CH P RS N
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ATTEST:
'y
CITY/IRE J _E
Tr �tsmitted to the Mayor on December 19 , 1989
Mayor' s Action: XX Approved. Vetoed.
i�lm V6
MAYOR
ATTEST
CIT R DER .._.......
(SEAL)
Bill No. 76 of 1989.
Published: --Tecember 27, 1989
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